Niles trustee questions hiring of liquor commissioner

Official says process was flawed

August 21, 2013|By Jonathan Bullington, Chicago Tribune reporter

When Andrew Przybylo took office in May as the new mayor of northwest suburban Niles, his ownership of a village restaurant in possession of a liquor licenses precluded him from serving -- as most suburban mayors do -- as the village's liquor commissioner.

Last month, village officials ended a three-month search for an outside attorney to fill the role of liquor commissioner as an independent contractor.

But at least one Niles trustee is claiming that the position was not advertised properly, and that candidates were presented to the board based solely on their resumes and without being formally interviewed.

"I think it would have been great if we brought the attorneys in to interview them," said Trustee Chris Hanusiak. "It would have given everybody a fair chance."

Tasked with finding liquor commissioner candidates, village attorney Joe Annunzio said he relied on his experience and memberships in various municipal attorney organizations to put the word out on the open position.

Annunzio, whom the board appointed as acting liquor commissioner until a permanent replacement was found, also claims he conducted phone interviews with four of the 12 attorneys who applied for the job.

"The ones I was interested in, we had telephone conversations [with] so I could feel them out to what they think a liquor commissioner is and how they would handle it," Annunzio said. "I didn't invite them here to talk to me, but I certainly talked to people on the telephone."

Four of the six trustees voted on July 23 to hire attorney Linda Schain as the village's liquor commissioner, with Hanusiak and Trustee Rosemary Palicki voting "pass."

"It is not anything against [Schain] at all," Hanusiak said of his vote. "It's the process of what was done."

Schain has been an attorney since 1974, according to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. According to Annunzio, she is a former member of Chicago's corporation counsel.

She is listed on the ARDC website as being affiliated with the Chicago law firm of Schain, Burney, Banks & Kenny Ltd., though she is not listed as an attorney on the firm's website.

Schain could not be reached for comment.

Annunzio said he did not call to check her employment at first, but he did so last week when asked by the Tribune to explain why she was not listed on the firm's site and why a receptionist at the firm said she was not an employee.

Annunzio said that Schain is in the process of sending him a confirmation letter saying she is "of counsel" at the firm, which he said means she is affiliated with the firm but is not a paid employee.

A receptionist at the firm said Schain is the wife of Jerome Schain, one of the firm's partners.

As an independent contractor, Schain will be paid $200 an hour to perform the duties of liquor commissioner, which consist mainly of reviewing evidence and issuing findings on hearings for liquor license violations. Annunzio said her services would probably be rendered between three and five hours a month.

But Hanusiak raised questions about how Schain was selected for the job. At two board meetings in May, trustees and Annunzio talked about placing advertisements for the position.

"I would put it in bar journals, not local papers," Annunzio told trustees at a May 14 board meeting, according to video of the meeting. "That's where I would put it. You'll find a much broader spectrum of attorneys."

Trustee George Alpogianis said in an interview last week that he expected the job to be advertised to some extent. But no advertisement was placed in any legal journals, according to Annunzio.

"I looked into advertising like they asked," Annunzio said, adding that he thought the cost of placing such ads in legal journals was too expensive.

Instead, Annunzio said he reached out to colleagues through his memberships in municipal attorney organizations and bar associations.

"I know hundreds of attorneys and I talk to them all because I have to with these various affiliations," he said. "I made a general call to those people I know. Frankly, that's how most independent contractors are hired."

Annunzio said he received 12 resumes, and after review, whittled the number down to four potential candidates. He also rejected any claims that the way he solicited for job candidates was somehow unfair.

"I think it could be perceived that way if you don't trust the people in the system," he said. "We can always look for ghosts (but) I've always been upfront about everything."

With the mayor recusing himself from the process, trustees were tasked with approving the new liquor commissioner. Hanusiak said trustees should have had the opportunity to meet and interview the four finalists.

Instead, he said, trustees were sent the four resumes via email. When they met in executive session on July 23, he said he didn't know trustees would take a vote on approving Schain for the job.